HOUSE BILL No. 4344

 

February 18, 2009, Introduced by Reps. Barnett, Liss, Young, Valentine, Warren, Johnson, Constan, Leland, Gregory, Miller, Rick Jones, Ball, Switalski, Melton, Tlaib, Dean and Meadows and referred to the Committee on Education.

 

     A bill to establish a teachers loan forgiveness program for

 

eligible teachers in certain at-risk schools; to establish a

 

teachers loan forgiveness fund and to provide for its

 

administration; and to prescribe certain powers and duties of

 

certain state officers, agencies, and departments.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"excellence in education act".

 

     Sec. 2. As used in this act:

 

     (a) "At-risk school" means a public or nonpublic elementary or

 

secondary school where at least 50% of students at the school meet

 

the income eligibility criteria for free breakfast, lunch, or milk

 

in the immediately preceding state fiscal year, as determined under

 

the national school lunch act, 42 USC 1751 to 1769i.


 

     (b) "Authority" means the Michigan higher education student

 

loan authority created by the higher education loan authority act,

 

1975 PA 222, MCL 390.1151 to 390.1165.

 

     (c) "Eligible debt" means the total unpaid amount of all of an

 

individual's unpaid Michigan alternative student loans, calculated

 

at the time the individual first applies for a grant under this

 

act.

 

     (d) "Fund" means the teachers loan forgiveness fund created in

 

section 6.

 

     (e) "Grant" means money awarded to an individual under this

 

act in an amount determined under section 5.

 

     (f) "Michigan alternative student loan" means a loan made to

 

an individual by the authority under the Michigan alternative

 

student loan program authorized under section 4a of the higher

 

education loan authority act, 1975 PA 222, MCL 390.1154a, and

 

described in R 390.1621 to R 390.1636 of the Michigan

 

administrative code.

 

     Sec. 3. The teachers loan forgiveness program is created, to

 

be administered by the authority. Subject to appropriation, the

 

authority shall do all of the following:

 

     (a) Award grants to eligible teachers under this act.

 

     (b) Develop an application form and application process for

 

teachers applying for grants under this act.

 

     (c) Promulgate any rules necessary to implement this act

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.

 

     Sec. 4. The authority may award a grant under section 5 to an


 

individual determined by the authority to meet all of the following

 

eligibility criteria:

 

     (a) At the time of application, the individual has eligible

 

debt.

 

     (b) Is a legal resident of this state.

 

     (c) Has not previously defaulted and is not currently in

 

default on a Michigan alternative student loan.

 

     (d) Has accepted an offer of employment or will continue to

 

teach in an at-risk school in the school's academic year that

 

begins on or after the first July 1 following the date of the

 

application.

 

     (e) Has submitted a grant application to the authority by July

 

1. The grant application shall include a certification that the

 

applicant meets the eligibility criteria described in this section

 

and has applied for all state or federal loan repayment programs

 

applicable to a Michigan alternative student loan.

 

     (f) Has met any other requirements established by the

 

authority.

 

     Sec. 5. (1) The authority shall award an individual eligible

 

under section 4 a grant under this subsection. Subject to

 

subsection (2) and to adjustment under subsection (3), the maximum

 

aggregate amount of the grant is an amount equal to the

 

individual's eligible debt. Before each consecutive year of

 

continuous teaching in any at-risk school, for up to 10 consecutive

 

years, the authority shall award a partial grant in an amount equal

 

to 10% of the amount of the individual's eligible debt. The

 

authority shall apply a partial grant under this section to the


 

individual's eligible debt as a prepayment in that amount.

 

     (2) A grant under subsection (1) shall be reduced by an amount

 

equal to the amount the individual is entitled to receive from any

 

state or federal loan repayment program applicable to a Michigan

 

alternative student loan.

 

     (3) In any state fiscal year, the authority may adjust the

 

amount of each partial grant under subsection (1) on a pro rata

 

basis, based upon its determination of money available from the

 

fund and from appropriations in that fiscal year. If it makes an

 

adjustment under this subsection, the authority shall notify each

 

grant recipient of his or her obligation to continue to make

 

payments of principal and interest on his or her eligible debt in

 

the manner described in his or her state student loan documents.

 

     Sec. 6. (1) There is created the teachers loan forgiveness

 

fund as a separate fund in the state treasury, to be administered

 

by the department of treasury. The department of treasury may

 

accept money for the fund from any source. The state treasurer

 

shall deposit that money and credit the amount to the fund. The

 

department of treasury shall use the fund only to provide money to

 

the authority for grants awarded under this act.

 

     (2) The state treasurer shall direct the investment of the

 

fund money and shall credit earnings to the fund.

 

     (3) Money in the fund at the end of a fiscal year shall not

 

revert to the general fund but shall be carried over in the fund to

 

the next fiscal year.